Technical amendments; organizational changes; miscellaneous editorial changes, etc.,

[Federal Register: June 29, 1999 (Volume 64, Number 124)]

[Rules and Regulations]

[Page 34710-34716]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29jn99-4]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 3, 4, 40, 84, 96, 117, 127, 138, 151, 154, 159, 160, 164, 165, 167, 174, 175, 179, 181, and 183

[USCG-1999-5832]

Technical Amendments; Organizational Changes; Miscellaneous Editorial Changes and Conforming Amendments

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: This rule makes editorial and technical changes throughout Title 33 of the Code of Federal Regulations (CFR) to update the title before it is recodified on July 1, 1999. It corrects addresses, updates cross-references, makes conforming amendments, and makes other technical corrections. This rule will have no substantive effect on the regulated public.

DATES: This final rule is effective June 30, 1999.

ADDRESSES: Documents as indicated in this preamble are available for inspection or copying at the Docket Management Facility, (USCG-1999- 5832), U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., Washington, DC, 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact Ms. Janet Walton, Project Manager, Standards Evaluation and Development Division (G-MSR-2), Coast Guard, telephone 202-267-0257. For questions on viewing, or submitting material to, the docket, contact Dorothy Walker, Chief, Dockets, Department of Transportation, telephone 202- 366-9329.

SUPPLEMENTARY INFORMATION:

Discussion of the Rule

Each year Title 33 of the Code of Federal Regulations is recodified on July 1. This rule makes editorial changes throughout the title, corrects addresses, updates cross-references, and makes other technical and editorial corrections to be included in the recodification. Some editorial changes are discussed individually in the following paragraphs. This rule does not change any substantive requirements of existing regulations.

Sections 174.14, 174.19, and 174.106

In these sections the rule changes the word ``boat'' to ``vessel'' to conform to the current statutory authority language in 46 U.S.C. 12302.

Section 179.03

This rule revises Sec. 179.03 to clarify the meaning of the term ``Associated equipment'' as used in part 179 for defect notification requirements by adding the words ``as used in this part''.

Section 181.21

This rule removes an outdated certification date.

Sections 183.37 and 183.43

This rule revises the section headings in Secs. 183.37 and 183.43 by adding the words ``outboard motors'' to reflect that the sections apply to outboard motors.

Sections 183.101, 183.201, and 183.301

These sections contain references to boats constructed on or after July 31, 1978, the effective date of Subparts F, G, and H of the Flotation Standard. Boats manufactured prior to that date still exist, but the standard is a manufacturer requirement applicable to new boats, and the effective date is no longer needed. This rule removes the effective date.

Section 183.401

The text of paragraph (a) is clarified by moving the words ``except outboard engines'' from the end of the sentence to immediately follow the words ``gasoline engines'' and by adding the word ``generation'' following the word ``electrical'' to conform the wording in Sec. 183.401 to the wording in Sec. 183.501.

Section 183.601

Section 183.601 contains a reference to boats that were built after July 31, 1980, except that the manufacturer may elect to comply any time after July 31, 1978. Boats manufactured prior to these dates still exist, but the standard is a manufacturer requirement applicable to new boats. The dates are no longer needed. This rule removes the dates.

Section 183.701

Section 183.701 contains a reference to the fact that the subpart applies to outboard motors and controls manufactured after August 1, 1982. Outboard motors and controls manufactured prior to that date still exist, but the standard is a manufacturer requirement applicable to new engines and controls. The date is no longer needed. This rule removes the date.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not

[[Page 34711]]

require an assessment of potential costs and benefits under section 6(a)(3) of that Order. It has not been reviewed by the Office of Management and Budget under that Order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. As this rule involves internal agency practices and procedures, it will not impose any costs on the public.

Collection of Information

This rule will call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

We have analyzed this rule under E.O. 12612 and have determined that this rule does not have sufficient implications for federalism to warrant the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act and Enhancing the Intergovernmental Partnership

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093, October 28, 1993) govern the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or tribal government or the private sector to incur direct costs without the Federal Government's having first provided the funds to pay those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

This rule will not effect a taking of private property or otherwise have taking implications under E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not concern an environmental risk to health or risk to safety that may disproportionately affect children.

Environment

We considered the environmental impact of this rule and concluded that, under figure 2-1, paragraph (34)(a) and (b) of Commandant Instruction M16475.lC, this rule is categorically excluded from further environmental documentation. This exclusion is in accordance with paragraphs (34)(a) and (b), concerning regulations that are editorial or procedural and concerning internal agency functions or organization. A ``Categorical Exclusion Determination'' is available in the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 3

Organization and functions (Government agencies).

33 CFR Part 4

Reporting and recordkeeping requirements.

33 CFR Part 40

Military academies.

33 CFR Part 84

Navigation (water), Waterways.

33 CFR Part 96

Administrative practice and procedure, Incorporation by reference, Marine safety, Reporting and recordkeeping requirements, Safety management systems, Vessels.

33 CFR Part 117

Bridges.

33 CFR Part 127

Fire prevention, Harbors, Natural gas, Reporting and recordkeeping requirements, Security measures.

33 CFR Part 138

Insurance, Maritime carriers, Reporting and recordkeeping requirements, Water pollution control.

33 CFR Part 151

Administrative practice and procedure, Oil pollution, Penalties, Reporting and recordkeeping requirements, Water pollution control.

33 CFR Part 154

Fire prevention, Hazardous substances, Oil pollution, Reporting and recordkeeping requirements.

33 CFR Part 159

Sewage disposal, Vessels.

33 CFR Part 160

Administrative practice and procedure, Harbors, Hazardous materials transportation, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Vessels, Waterways.

33 CFR Part 164

Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.

33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

33 CFR Part 167

Harbors, Marine safety, Navigation (water), Waterways.

33 CFR Part 174

Intergovernmental relations, Marine safety, Reporting and recordkeeping requirements.

33 CFR Part 175

Marine safety.

33 CFR Part 179

Marine safety, Reporting and recordkeeping requirements.

33 CFR Part 181

Labeling, Marine safety, Reporting and recordkeeping requirements.

33 CFR Part 183

Marine safety.

For the reasons set out in the preamble, the Coast Guard amends 33 CFR parts 3, 4, 40, 84, 96, 117, 127, 138, 151, 154, 159, 160, 164, 165, 167, 174, 175, 179, 181, and 183 as follows:

PART 3--COAST GUARD AREAS, DISTRICTS, MARINE INSPECTION ZONES, AND CAPTAIN OF THE PORT ZONES

  1. The authority citation for part 3 continues to read as follows:

    Authority: 14 U.S.C. 633; 49 CFR 1.45, 1.46.

  2. Revise Sec. 3.35-1(b) to read as follows:

    Sec. 3.35-1 Seventh district.

    * * * * *

    (b) The Seventh Coast Guard District is comprised of the states of South Carolina, Georgia and Florida, except for that part of Georgia and Florida west of a line from the intersection of the Florida coast with Longitude 83 deg.50'W. (30 deg.00'N., 83 deg.50'W.) due north to a position 30 deg.15'N., 83 deg.50'W.; thence due

    [[Page 34712]]

    west to a position 30 deg.15'N., 84 deg.45'W.; thence due north to the intersection with the south shore of the Jim Woodruff Reservoir; thence along the east bank of the Jim Woodruff Reservoir and the east bank of the Flint River up stream to Montezuma, GA, thence northwesterly to West Point, GA. Also included is the Panama Canal Zone, all the island possessions of the United States pertaining to Puerto Rico and the U.S. Virgin Islands; and the U.S. Naval reservations in the islands of the West Indies and on the north coast of South America. The ocean areas are those portions of the western North Atlantic, Caribbean Sea, Gulf of Mexico and the Straits of Florida areas encompassed by a line originating at the state boundary between North Carolina and South Carolina, and extending southeasterly through 30 deg.57'N., 73 deg.06'W. and 29 deg.00'N., 69 deg.19'W. to 12 deg.00'N., 43 deg.00'W.; thence southwesterly to 10 deg.00'N., 48 deg.00'W.; thence westerly to 09 deg.20'N., 57 deg.00'W.; thence due west to the coastline of South America; thence westerly and northerly along the north coast of South America, and the eastern coasts of Central America and Mexico to the Yucatan Peninsula at 21 deg.25'N., 87 deg.11'W.; thence along a line 019 deg.T to the intersection of longitude 83 deg.50'W. and the western coastline of Florida (30 deg.00'N., 83 deg.50'W.).

    PART 4--OMB CONTROL NUMBERS ASSIGNED PURSUANT TO THE PAPERWORK REDUCTION ACT

  3. The authority citation for part 4 continues to read as follows:

    Authority: 44 U.S.C. 3507; 49 CFR 1.45(a).

  4. In Sec. 4.02, revise the entry for Secs. 181.21 through 181.31 and add a new entry for ``Part 183'' to read as follows:

    Sec. 4.02 Display.

    Current OMB 33 CFR part or section where identified and described control No.

    *

    *

    *

    * *

    *

    * Section 181.21 through 181.31........................... 2115-0573 Part 183................................................ 2115-0573

    PART 40--CADETS OF THE COAST GUARD

  5. The authority citation for part 40 continues to read as follows:

    Authority: 14 U.S.C. 182 and 633; 49 CFR 1.46(b).

    Sec. 40.1 [Amended]

  6. In Sec. 40.1, remove the number ``06230'' and add, in its place, the number ``06320''.

    PART 84--ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES

  7. The authority citation for part 84 continues to read as follows:

    Authority: 33 U.S.C. 2071; 49 CFR 1.46.

    Sec. 84.27 [Redesignated as Sec. 84.24]

  8. Redesignate Sec. 84.27 as Sec. 84.24.

    PART 96--RULES FOR THE SAFE OPERATION OF VESSELS AND SAFETY MANAGEMENT SYSTEMS

  9. The authority citation for part 96 continues to read as follows:

    Authority: 46 U.S.C. 3201 et seq.; 46 U.S.C. 3103; 46 U.S.C. 3316, 33 U.S.C. 1231; 49 CFR 1.45, 49 CFR 1.46.

  10. In Sec. 96.340, revise paragraph (d) to read as follows:

    Sec. 96.340 Safety Management Certificate: What is it and when is it needed?

    * * * * *

    (d) A copy of your vessel's valid Safety Management Certificate must be on board all U.S. and foreign vessels which carry more than 12 passengers, and must be on board a tanker, bulk freight vessel, freight vessel, or a self-propelled mobile offshore drilling unit of 500 gross tons or more, when engaged on foreign voyages or within U.S. waters. * * * * *

    PART 117--DRAWBRIDGE OPERATION REGULATIONS

  11. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039.

    Sec. 117.147 [Amended]

  12. In Sec. 117.147, in paragraph (a), remove the number ``4.5'' and add, in its place, the number ``4.9''; and in paragraph (b), remove the number ``4.4'' and add, in its place, the number ``4.8''.

    Sec. 117.169 [Amended]

  13. In Sec. 117.169(b), remove the words ``Southern Pacific'' and add, in their place, the words ``Northwestern Pacific''.

    Sec. 117.191 [Amended]

  14. In Sec. 117.191(b), remove the words ``Atchison, Topeka and Santa Fe'' and add, in their place, the words ``Burlington Northern Santa Fe''.

    Sec. 117.393 [Amended]

  15. In Sec. 117.393(b)(6), remove the words ``Chicago and Northwestern'' and add, in their place, the words ``Union Pacific''.

    Sec. 117.773 [Amended]

  16. In Sec. 117.773(c), remove the word ``Conrail'' and add, in its place, the word ``CSX Transportation''.

    Sec. 117.785 [Amended]

  17. In Sec. 117.785(b), remove the word ``Conrail'' and add, in its place, the word ``CSX Transportation''.

    Sec. 117.791 [Amended]

  18. In Sec. 117.791(c), remove the word ``Conrail'' and add, in its place, the word ``CSX Transportation''.

    Sec. 117.821 [Amended]

  19. In Sec. 117.821, redesignate paragraph (a)(7) as (a)(6).

    Sec. 117.847 [Amended]

  20. In Sec. 117.847(b), remove the words ``Conrail bridge, mile 2.2'' and add, in their place, the words ``Norfolk Southern bridge, mile 1.5''.

    Sec. 117.851 [Amended]

  21. In Sec. 117.851(d), remove the word ``Conrail'' and add, in its place, the words ``Norfolk Southern''.

    Sec. 117.853 [Amended]

  22. In Sec. 117.853, remove the word ``Conrail'' and add, in its place, the words ``Norfolk Southern''.

    Sec. 117.855 [Amended]

  23. In Sec. 117.855(c), introductory text, remove the words ``Norfolk and Western'' and add, in their place, the words ``Norfolk Southern''; and remove the word ``Conrail'' and add, in its place, the words ``Norfolk Southern''.

  24. In appendix A to part 117, revise the entries for California, Oregon, and Washington to read as follows:

    [[Page 34713]]

    Appendix A to Part 117 [Revised]

    Appendix A to Part 117--Drawbridges Equipped With Radiotelephones

    Calling Working Waterway

    Mile

    Location

    Bridge name and owner

    Call sign

    channel channel

    *

    *

    *

    *

    *

    *

    *

    CALIFORNIA

    Carquinez Strait....................

    7.0 Martinez.......................... Union Pacific RR....... KQ 7193.............

    16

    14 Cerritos Channel....................

    4.8 Long Beach........................ Henry Ford (Badger) WHX 947.............

    16

    13 Avenue, Port of Los Angeles. 4.9 Long Beach........................ Schuyler Heim, CA DOT.. KXJ 749.............

    16

    13 Channel Street......................

    0 San Francisco..................... 3rd Street, San

    WXY 959.............

    16

    9 Francisco. 0.2 San Francisco..................... 4th Street, San

    WXY 970.............

    16

    9 Francisco. Connection Slough...................

    2.5 Mandeville Island................. South Real Estate

    WHV 225.............

    16

    9 Company. Cordelia Slough.....................

    1.5 Benicia........................... Union Pacific RR....... KA 98642............

    16

    9 Georgianna Slough...................

    4.5 Isleton........................... Tyler Island,

    WHU 246.............

    16

    9 Sacramento Co. 12.4 Walnut Grove...................... Georgianna Sl,

    WHU 254.............

    16

    9 Sacramento, Co. Islais Creek........................

    0.4 San Francisco..................... 3rd Street, San

    WXY 977.............

    16

    9 Francisco. Little Potato Slough................

    1.0 Terminous......................... Potato Slough, CA DOT, KSK 278.............

    16

    9 SR12. Middle River........................

    8.6 Bacon Island...................... Bacon Island, San

    WBE 8326............

    16

    9 Joaquin Co. Mokelumne River.....................

    3.0 Isleton........................... Mokelumne, CA DOT, SR12 KMJ 382.............

    16

    9 12.1 Walnut Grove...................... Millers Ferry,

    WBE 8326............

    16

    9 Sacramento, Co. Napa River..........................

    2.8 Vallejo........................... Mare Island Causeway, Military license

    16

    13 Navy.

    only, No FCC. Oakland Inner Harbor Tidal Canal....

    5.2 Oakland........................... Park Street, Alameda WHX 996.............

    16

    9 County. 5.6 Oakland........................... Fruitvale Avenue,

    WQB 330.............

    16

    9 Alameda County. 6.0 Oakland........................... High Street, Alameda WHX 488.............

    16

    9 County. Old River........................... 10.4 Orwood............................ Burlington Northern WHU 322.............

    16

    9 Santa Fe Railroad Bridge. 14.8 Victoria Island................... Victoria Island, CA DOT KXE 301.............

    16

    9 Pacheco Creek.......................

    1.1 Martinez.......................... Avon, Union Pacific RR. KA 97324............

    16

    9 Petaluma River...................... 13.7 Petaluma.......................... D Street Bridge,

    WQX 644.............

    16

    9 Petaluma. Sacramento River.................... 12.8 Rio Vista......................... Rio Vista, CA DOT, SR12 KMJ 384.............

    16

    9 15.7 Isleton........................... Isleton, CA DOT, SR160. KMJ 383.............

    16

    9 26.7 Walnut Grove...................... Walnut Grove, Sacto KMJ 491.............

    16

    9 Co., SR E-13. 33.4 Paintersville..................... Paintersville, CA DOT, KMJ 381.............

    16

    9 SR160. 46.0 Freeport.......................... Freeport Sacto Co., SR KMJ 490.............

    16

    9 E-9. 59.0 Sacramento........................ Tower Bridge, CA DOT... KDO 739.............

    16

    9 59.4 Sacramento........................ I Street Union Pacific WHW 554.............

    16

    9 RR. San Leandro Bay.....................

    0 Alameda........................... Bay Farm Island, CA DOT WHX 870.............

    16

    9 Steamboat Slough.................... 11.2 Courtland......................... Steamboat Slough, CA WHX 295.............

    16

    9 DOT, SR160. Three Mile Slough...................

    0.1 Rio Vista......................... Three Mile Slough, CA KMJ 385.............

    16

    9 DOT, SR160. Turner Cut..........................

    2.3 McDonald Island................... Zuckerman Bros. Br, WHV 959.............

    16

    9 Delta Farms.

    *

    *

    *

    *

    *

    *

    *

    OREGON

    Coos Bay............................

    9.0 North Bend........................ Union Pacific RR....... KT 2006.............

    18A

    13 Willamette River....................

    6.9 St. Johns......................... Burlington Northern KQ 9050.............

    16

    13 Santa Fe RR. 11.7 Portland.......................... Broadway Multnomah Co.. KLU 724.............

    16

    13 12.1 Portland.......................... Steel Union Pacific RR. KQU 534.............

    16

    13 12.4 Portland.......................... Burnside Multnomah Co.. KTD 520.............

    16

    13 12.8 Portland.......................... Morrison, Multnomah Co. KTD 522.............

    16

    13 13.1 Portland.......................... Hawthorne Multnomah Co. KTD 521.............

    16

    13 Youngs Bay..........................

    0.7 Astoria........................... OR DOT, US26........... WHG 914.............

    16

    13

    [[Page 34714]]

    *

    *

    *

    *

    *

    *

    *

    WASHINGTON

    Blair Waterway......................

    0.3 Tacoma............................ WA DOT, 11th Street.... KZN 573.............

    16

    13 Chehalis River......................

    0.1 Aberdeen.......................... WA DOT, US101.......... KJA 289.............

    16

    13 Columbia River...................... 105.6 Vancouver/Portland................ Burlington Northern KQ 9049.............

    16

    13 Santa Fe RR. 106.5 Vancouver/Portland................ OR DOT, 15............. KBM Interstate......

    16

    13 169.8 Hood River, OR.................... Port of Hood River..... KTD 562.............

    16

    13 201.2 Celilo, OR........................ Burlington Northern KQ 9048.............

    16

    13 Santa Fe RR. 323.4 Pasco/Kennewick................... Union Pacific RR....... KTD 561.............

    16

    13 328.0 Pasco/Kennewick................... Burlington Northern KQ 9046.............

    16

    13 Santa Fe RR. Duwamish Waterway...................

    0.4 Seattle........................... Spokane St., City of KSK 285.............

    13

    13 Seattle. 2.5 Seattle........................... 1st Ave. So. City of WHU 200.............

    13

    13 Seattle. Ebey Slough.........................

    1.6 Marysville........................ WA DOT, US529.......... KZ 2475.............

    13

    13 Hood Canal.......................... ......... Port Gamble....................... WA DOT, Hood Canal KZJ 376.............

    16

    13 Bride. Hylebos Waterway....................

    1.1 Tacoma............................ WA DOT, 11th Street.... KZN 574.............

    16

    13 Lake Washington Ship Canal..........

    0.1 Seattle........................... Burlington Northern KCE 201.............

    16

    13 Santa Fe RR. 1.1 Seattle........................... Ballard, City of

    KJA 445.............

    13

    13 Seattle. 2.6 Seattle........................... Fremont, City of

    KJA 442.............

    13

    13 Seattle. 4.3 Seattle........................... University, City of KJA 441.............

    13

    13 Seattle. 5.2 Seattle........................... Montlake, City of

    KJA 438.............

    13

    13 Seattle. Snake River.........................

    1.5 East Pasco/Burbank................ Burlington Northern KQ 9047.............

    16

    13 Santa Fe RR.

    *

    *

    *

    *

    *

    *

    *

    PART 127--WATERFRONT FACILITIES HANDLING LIQUEFIED NATURAL GAS AND LIQUEFIED HAZARDOUS GAS

  25. The authority citation for part 127 continues to read as follows:

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.

  26. In Sec. 127.003(b), revise the entry for American Society of Mechanical Engineers (ASME) to read as follows:

    Sec. 127.003 Incorporation by reference.

    * * * * *

    (b) * * *

    American Society of Mechanical Engineers (ASME)

    Three Park Avenue, New York, NY 10016-5990:

    ASME B31.3, Chemical Plant and Petroleum Refinery

    Piping, 1993................................................ 127.1101

    * * * * *

    Sec. 127.1501 [Amended]

  27. In Sec. 127.1501(a), remove the number ``Sec. 127.103'' and add, in its place, the number ``Sec. 127.1307''.

    PART 138--FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS)

  28. The authority citation for part 138 continues to read as follows:

    Authority: 33 U.S.C. 2716, 2716a; 42 U.S.C. 9608, 9609; sec. 7(b), E.O. 12580, 3 CFR, 1987 Comp., p. 198; E.O. 12777, 3 CFR 1991 Comp., p. 351; 49 CFR 1.46.

    Sec. 138.40 [Amended]

  29. In Sec. 138.40(a), remove the words ``(703) 235-4813, Telex 248324 (Answerback CGNPFCUR), Telefax (703) 235-4835'' and add, in their place, the words ``(202) 493-6780, Telefax (202) 493-6781''.

    PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

  30. The authority citation for part 151, subpart A, continues to read as follows:

    Authority: 33 U.S.C. 1321 and 1903; Pub. L. 104-227 (110 Stat. 3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351; 49 CFR 1.46.

  31. In Sec. 151.04, revise paragraph (d) to read as follows:

    Sec. 151.04 Penalties for violation.

    * * * * *

    (d) A ship operated in violation of MARPOL 73/78, the Act, or the regulations of this subpart is liable in rem for any civil penalty covered by paragraph (a) or (b) of this section, or any fine covered by paragraph (c) of this section, and may be proceeded against in the United States District Court of any district in which the ship may be found.

    PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK

  32. The authority citation for part 154 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6) and (M)(2); sec. 2, E.O. 12777, 56 FR 54757; 49 CFR 1.46. Subpart F is also issued under 33 U.S.C. 2735.

    [[Page 34715]]

    Appendix A to Part 154--Guidelines for Detonation Flame Arresters

    [Amended]

  33. In paragraph 14.3.5.2(1) of appendix A, remove the words ``American Society for Testing and Materials, 1916 Race St., Philadelphia, PA 19103'' and add, in their place, the words ``American Society for Testing and Materials (ASTM), 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959''.

  34. In paragraph 14.3.5.2(2) of appendix A, remove the words ``American Society of Mechanical Engineers, 345 E. 47th St., New York, NY 10017'' and add, in their place, the words ``American Society of Mechanical Engineers International, Three Park Avenue, New York, NY 10016-5990''.

    Appendix B to Part 154--Standard Specification for Tank Vent Flame Arresters [Amended]

  35. In paragraph 3.3.3(1) of appendix B, remove the words ``American Society for Testing and Materials, 1916 Race St., Philadelphia, PA 19103'' and add, in their place, the words ``American Society for Testing and Materials (ASTM), 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959''.

  36. In paragraph 3.3.3(2) of appendix B, remove the words ``American Society of Mechanical Engineers, 345 E. 47th St., New York, NY 10017'' and add, in their place, the words ``American Society of Mechanical Engineers International, Three Park Avenue, New York, NY 10016-5990''.

    PART 159--MARINE SANITATION DEVICES

  37. The authority citation for part 159 continues to read as follows:

    Authority: Sec. 312(b)(1), 86 Stat. 871 (33 U.S.C. 1322(b)(1)); 49 CFR 1.45(b) and 1.46(l) and (m).

    Sec. 159.201 [Amended]

  38. In Sec. 159.201, remove the word ``(G-MSE-4)'' and add, in its place, the word ``(G-MSE-3)''.

    PART 160--PORTS AND WATERWAYS SAFETY-GENERAL

  39. The authority citation for part 160 continues to read as follows:

    Authority: 33 U.S.C. 1223, 1231; 49 CFR 1.46.

    Sec. 160.203 [Amended]

  40. In Sec. 160.203, in the definition of hazardous condition, in the last sentence, add a comma immediately following the word ``damage''.

    PART 164--NAVIGATION SAFETY REGULATIONS

  41. The authority citation for part 164 continues to read as follows:

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 2103, 3703; 49 CFR 1.46. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued under 46 U.S.C. 6101.

    Sec. 164.72 [Amended]

  42. In Sec. 164.72, redesignate paragraph (b)(3) as paragraph (b)(2).

    PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

  43. Revise the authority citation for part 165 to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

  44. In Sec. 165.100, add a new paragraph (e) to read as follows:

    Sec. 165.100 Regulated Navigation Area: Navigable Waters within the First Coast Guard District.

    * * * * *

    (e) In addition to the authority for this part 165, this section is also authorized under authority of section 311, Pub. L. 105-383.

  45. In Sec. 165.170, revise the section heading to read as follows:

    Sec. 165.170 Safety Zone; Annual Heritage of Pride Fireworks Display, Hudson River, New York.

    * * * * *

  46. In Sec. 165.905, revise the section heading to read as follows:

    Sec. 165.905 USX Superfund Site Safety Zones: St. Louis River.

    * * * * *

    PART 167--OFFSHORE TRAFFIC SEPARATION SCHEMES

  47. The authority citation for part 167 continues to read as follows:

    Authority: 33 U.S.C. 1223; 49 CFR 1.46.

  48. In Sec. 167.150, revise the section heading to read as follows:

    Sec. 167.150 Off New York Traffic Separation Scheme: General.

    * * * * *

  49. In Sec. 167.151, revise the section heading to read as follows:

    Sec. 167.151 Off New York: Precautionary areas.

    * * * * *

  50. In Sec. 167.152, revise the section heading to read as follows:

    Sec. 167.152 Off New York: Eastern approach, off Nantucket.

    * * * * *

  51. In Sec. 167.153, revise the section heading to read as follows:

    Sec. 167.153 Off New York: Eastern approach, off Ambrose Light.

    * * * * *

  52. In Sec. 167.154, revise the section heading to read as follows:

    Sec. 167.154 Off New York: South-eastern approach.

    * * * * *

  53. In Sec. 167.155, revise the section heading to read as follows:

    Sec. 167.155 Off New York: Southern approach.

    * * * * *

  54. In Sec. 167.200, revise the section heading to read as follows:

    Sec. 167.200 In the approaches to Chesapeake Bay Traffic Separation Scheme: General.

    * * * * *

  55. In Sec. 167.201, revise the section heading to read as follows:

    Sec. 167.201 In the approaches to Chesapeake Bay: Precautionary area.

    * * * * *

  56. In Sec. 167.202, revise the section heading to read as follows:

    Sec. 167.202 In the approaches to Chesapeake Bay: Eastern approach.

    * * * * *

  57. In Sec. 167.203, revise the section heading to read as follows:

    Sec. 167.203 In the approaches to Chesapeake Bay: Southern approach.

    * * * * *

  58. In Sec. 167.350, revise the section heading to read as follows:

    Sec. 167.350 In the approaches to Galveston Bay Traffic Separation Scheme and precautionary areas.

    * * * * *

    PART 174--STATE NUMBERING AND CASUALTY REPORTING SYSTEMS

  59. The authority citation for part 174 continues to read as follows:

    Authority: 46 U.S.C. 6101, 12302; 49 CFR 1.46.

    Secs. 174.14, 174.19, and 174.106 [Amended]

  60. In 33 CFR part 174, remove the word ``boat'' and add, in its place, the word ``vessel'' in the following sections:

    (a) Section 174.14;

    (b) Section 174.19(e); and

    (c) Section 174.106.

    PART 175--EQUIPMENT REQUIREMENTS

  61. The authority citation for part 175 continues to read as follows:

    Authority: 46 U.S.C. 4302; 49 CFR 1.46.

    Secs. 175.120, 175.125, and 175.128 [Amended]

  62. In 33 CFR part 175, remove the designator for paragraph (a) in the following sections:

    [[Page 34716]]

    (a) Section 175.120;

    (b) Section 175.125; and

    (c) Section 175.128.

    PART 179--DEFECT NOTIFICATION

  63. The authority citation for part 179 continues to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 4302, 4307, 4310, and 4311; 49 CFR 1.46.

    Sec. 179.03 [Amended]

  64. In Sec. 179.03, in the definition of Associated equipment, add the words ``, as used in this part,'' immediately following the words ``Associated equipment''.

    PART 181--MANUFACTURER REQUIREMENTS

  65. The authority citation for part 181 continues to read as follows:

    Authority: 46 U.S.C. 4302 and 4310; 49 CFR 1.46.

    Sec. 181.15 [Amended]

  66. In Sec. 181.15(a)(2)(ii), remove the words ``or boat hull''.

    Sec. 181.21 [Amended]

  67. In Sec. 181.21, remove paragraph (b) and remove the designator for paragraph (a).

    PART 183--BOATS AND ASSOCIATED EQUIPMENT

  68. The authority citation for part 183 continues to read as follows:

    Authority: 46 U.S.C. 4302; 49 CFR 1.46.

    Sec. 183.23 [Amended]

  69. In Sec. 183.23, add ``a'' following ``by'' and preceding ``Motor''.

    Sec. 183.35 [Amended]

  70. In Sec. 183.35(b)(1), remove the word ``displayed'' and add, in its place, the word ``displaced''.

  71. In Sec. 183.37(a), remove the word ``two'' immediately preceding the word ``horsepower'' and add, in its place, the number ``2''; and revise the section heading to read as follows:

    Sec. 183.37 Maximum weight capacity: Boats rated for manual propulsion and boats rated for outboard motors of 2 horsepower or less.

    * * * * *

  72. In Sec. 183.43, revise the section heading to read as follows:

    Sec. 183.43 Persons capacity: Boats rated for manual propulsion and boats rated for outboard motors of 2 horsepower or less.

    * * * * *

    Sec. 183.101 [Amended]

  73. In Sec. 183.101, remove the words ``the construction or assembly of which is begun after July 31, 1978,''.

    Sec. 183.110 [Amended]

  74. In Sec. 183.110, in the definition of Sealed compartment, remove the word ``seppage'' and add, in its place, the word ``seepage''.

  75. In Sec. 183.201, revise paragraph (a) to read as follows:

    Sec. 183.201 Applicability.

    (a) This subpart applies to monohull outboard boats that are:

    (1) Less than 20 feet in length; and

    (2) Rated for outboard engines of more than 2 horsepower. * * * * *

    Sec. 183.205 [Amended]

  76. In Sec. 183.205(c), in the last sentence in the paragraph, add the word ``there'' following the word ``where''.

    Sec. 183.220 [Amended]

  77. In Sec. 183.220(b)(1), add the words ``the first'' immediately preceding the number 550.

    Sec. 183.235 [Amended]

  78. In Sec. 183.235, introductory text, remove the words ``(a), (d)'' and add, in their place, the words ``(a) and (d)''.

  79. In Sec. 183.301, revise paragraph (a) to read as follows:

    Sec. 183.301 Applicability.

    (a) This subpart applies to monohull outboard boats that are:

    (1) Less than 20 feet in length; and

    (2) Rated for manual propulsion or outboard engines of 2 horsepower or less. * * * * *

    Sec. 183.335 [Amended]

  80. In Sec. 183.335 introductory text, remove the words ``(a), (d)'' and add, in their place, the words ``(a) and (d)''; and in paragraph (a) remove the word ``the'' immediately preceding the word ``heel''.

  81. In Sec. 183.401, revise paragraph (a) to read as follows:

    Sec. 183.401 Purpose, applicability, and effective dates.

    (a) This subpart applies to all boats that have gasoline engines, except outboard engines, for electrical generation, mechanical power, or propulsion. * * * * *

    Sec. 183.440 [Amended]

  82. In Sec. 183.440(b), remove the word ``boots'' and add, in its place, the word ``boot''.

  83. In Sec. 183.501, revise paragraph (a) to read as follows:

    Sec. 183.501 Applicability.

    (a) This subpart applies to all boats that have gasoline engines, except outboard engines, for electrical generation, mechanical power, or propulsion. * * * * *

    Sec. 183.514 [Amended]

  84. In Sec. 183.514(b), introductory text, remove the word ``paragragh'' and add, in its place, the word ``paragraph''.

    Sec. 183.530 [Amended]

  85. In Sec. 183.530(c), remove the word ``serations'' and add, in its place, the word ``serrations''; and remove the word ``continous'' and add, in its place, the word ``continuous''.

    Sec. 183.550 [Amended]

  86. In Sec. 183.550(h), remove the word ``labled'' and add, in its place, the word ``labeled''.

    Sec. 183.584 [Amended]

  87. In Sec. 183.584 introductory text, add the word ``tank'' immediately following the word ``fuel''.

    Sec. 183.588 [Amended]

  88. In Sec. 183.588(f), remove the word ``degree'' and add, in its place, the word ``degrees''.

  89. Revise Sec. 183.601 to read as follows:

    Sec. 183.601 Applicability.

    This subpart applies to all boats that have gasoline engines for electrical generation, mechanical power, or propulsion.

    Sec. 183.620 [Amended]

  90. In Sec. 183.620, add the word ``NOTE:'' at the beginning of the undesignated paragraph immediately following paragraph (a)(5)(ii).

  91. Revise Sec. 183.701 to read as follows:

    Sec. 183.701 Applicability.

    This subpart applies to outboard motors and starting controls, and to manufacturers, distributors or dealers installing such equipment.

    Dated: June 18, 1999. Joseph J. Angelo, Acting Assistant Commandant for Marine Safety and Environmental Protection.

    [FR Doc. 99-16367Filed6-28-99; 8:45 am]

    BILLING CODE 4910-15-P

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